Legal Protection Of Unregistered Trademarkof Protection Systen In China

The trademark rights of the trademark law in our country has is adopt registered trademark rights system,at the same time,acknowledge the principles of voluntariness registered trademark in our country,In this background,a large number of unregistered trademark is objective existence.Not operator is a registered trademark in the market after use and form a natural consequence,have a certain reputation,make business logo has labeled product source, to distinguish the source of product function.Therefore, unregistered trademark whether reach the level of well-known trademark,Its brand reputation as a kind of intangible assets, is bearing the weight of great economic value,this makes the unregistered trademark has the same trademark as registered trademark value,that has to identify and distinguish the function of the source of goods or services,However in the applicable law on the protection of unregistered trademark uncertainty, this not only is not in conformity with the legislative purpose of trademark law, is not conducive to maintaining the trademark rights and interests of consumers.Under the environment of globalization, our country is to develop the intellectual property strategy, as an important part of the intellectual property rights of the trademark law, should be in line with international standards,In this case, we not only on the research of the intellectual property strategy, more should be the protection of unregistered trademark form systematic,Hierarchical analysis of unregistered trademark protection conditions and effectiveness.Therefore,from the three aspects analyze the systematic protection of unregistered trademarks:First, think the limits of the necessity of unregistered trademark protection and protection.Think not registered trademark must be the use of a trademark, a must have the logo and the difference between the source of goods.Second, think of unregistered trademark protection is the need of fair principle,Is the existing rational allocation of economic resources,Finally, the unregistered trademark protection should be moderate, not conflicts with the trademark registration system;The second analysis of unregistered trademark protection in China is not systematic,First analysis of the provisions of the laws of unregistered trademark protection:Prohibit agents and users not do business with registered and use of the trademark,And prohibit to have certain influence to improper registration of trademarks,And given before the registered trademark of unavailability, gives unregistered well-known trademark of the trademark, shall have the right to prohibit others to use and getcompensation.Secondly analyses the rules of the trademark law in our country has certain influence on unregistered well-known trademark, the trademark, the conditions are not applicable to the ordinary trademark coordination, lead to its protection effect not harmonious;Third thought must perfect the legal protection of unregistered trademarks systematized build,First from a macro analysis of the concept of systematic protection, and the advantages of systematic protection,Next analysis of the trademark law and anti-unfair competition law of the linkage between the unregistered trademark protection, when does harm to those who have not registered trademark, the protection of the reduced rates is protection, so as to form the protection of its systematic;The specific analysis of the coordination between the unregistered trademark protection condition and the coordination between the protective efficacy.